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(영문) 수원지방법원 2016.05.20 2016노329
상해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by Defendant A (one million won a penalty) by the lower court is too unreasonable.

B. Defendant B’s misunderstanding of the facts reveals that Defendant B did not interfere with the operation of the Korean Music Institute, even though Defendant B requested that Defendant B visit a practice room because of sodul noise so that it could be too drums, Defendant B did not interfere with the operation of the Korean Music Institute. However, the lower court found Defendant B guilty of the facts charged.

2) The punishment sentenced by the lower court (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. In full view of the evidence duly examined and adopted by the lower court as to Defendant B’s assertion of mistake of facts, the Defendant B continued to enter the private teaching institute regardless of the victim A’s restraint, and returned to the door of the practice room and sufficiently recognized the fact that he interfered with the business by reporting the fact. Thus, the lower court’s judgment that convicted Defendant B did not err by misapprehending the legal doctrine.

B. In full view of the following: (a) there is no special circumstance to change the sentence of the lower court when the lower court was judged on the Defendants’ unfair assertion of sentencing; and (b) other various sentencing conditions, including the Defendants’ age, environment, motive, method, and consequence of the commission of the crime, the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the Defendants is too unreasonable.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.

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